Senior Human Rights Advisor Christina Meinecke-Chalev's opening remarks at the Civil Society Coordination Committee "Himam" Forum on Freedom of Expression: Prerequisite for Reform

I would like to extend my appreciation to the HIMAM coalition for extending this invitation to speak at today’s workshop to discuss " Freedom of Expression: -a Prerequisite for Reform”.

The event has been planned for some time but has become even more timely considering the current discussions on new legislation.

Why is Freedom of Expression so important?

Allow me to quote the Royal Committee on the Political Modernization which advised:

“The Committee believes that its outcomes in the areas of modernising key political legislation need a suitable environment of public freedoms, openness, and a comprehensive human rights system, to allow for the creation of a pluralistic public sphere that enables individuals, groups, political parties, and civil society organisations to have freedom of movement, expression, and participation within the law, and in a way that ensures a smooth transition into a new political phase. The development of a democratic public sphere extends to further openness in the freedom of expression within the boundaries of responsibility and respect for the rights and privacy of others, in a manner that refrains from spreading hate speech and exclusion; ….”

The digital age has brought with it immense new opportunities and challenges to the freedom of expression. Social media platforms have helped people around the world contribute their own ideas and innovations to advance humanity’s collective pursuit of peace, dignity and human rights on a healthy planet. However, digital platforms are also being misused to subvert science and spread disinformation and hate. And too often, technology is a source of fear, not hope. 

Addressing these challenges requires action by many – by governments, by private sector - including technology companies – and by private citizens – working together to maximize opportunities for public good while eradicating misuse, underpinned by collective commitments to both the freedom of expression and to respect for one another.

In addressing these challenges, the international human rights legal framework can offer guidance.

Jordan has ratified seven out of the nine core human rights treaties. These treaties, in particular the Covenant on Civil and Political Rights and the Convention on the Elimination of Racial Discrimination, protect freedom of expression and access to information but also the right to privacy.

What do these rights entail?

The right to freedom of opinions and expression includes freedom to hold opinions and to have access to and share information and ideas without interference by public authority and regardless of frontiers. It should be preserved online as well as offline, and go hand-in-hand with addressing online hate speech and disinformation. Crucially, any measures taken by States to regulate speech need to respond to the three-part test based on the principles of legality, necessity and proportionality. Measures taken should ensure transparency and accountability and most importantly participation in their development. Freedom of opinion and expression serves as an enabler for the full enjoyment of a wide range of other human rights. 

The right to privacy is also central to the realization of a broad spectrum of human rights, including in the digital sphere, ranging from freedom of expression, freedom of association and assembly, access and enjoyment of economic and social rights.

The same new technologies that provide novel avenues for civic engagement and expression have been used for the restriction, tracking or surveillance of those channels. Data protection and privacy have been integral to the UN Secretary-General’s Data Strategy. National laws should be developed to ensure strong data protection, in line with human rights standards.

How can the international human rights framework assist in realizing these rights in Jordan?

Firstly, as mentioned, international human rights standards should inform the development or revisions of national legislation, policies and practices. Under the human rights treaties, there is a wealth of interpretative guidance available in the form of General Comments, for example General Comment 34. There are also Human Rights Council resolutions or other United Nations guidelines, like the Rabat Plan of Action. The UN Guiding Principles on Business and Human Rights are just one example providing a framework for the private sector.

Secondly, good practices from other UN Member States can guide the development or revisions of national legislation, policies and practices. Independent experts, so-called Special Rapporteurs, appointed by the UN Human Rights Council, author thematic reports bringing such practices to the forefront.

Allow me to highlight here a recent report by the Special Rapporteur on Freedom of Expression on “Sustainable development and freedom of expression: why voice matters”, which shares some good practices, such as for instance the establishment of open public registers to improve transparency and governance. The report also called for a renewed political commitment at the global 2023 SDG Summit to freedom of expression as an enabler of sustainable development.

Lastly, the recommendations from different human rights mechanisms can guide the realization of freedom of expression. During the 2018 Universal Period Review Process, Jordan committed to ensure a safe and enabling environment for journalists and media workers, and ensure freedom of the media and a space for civil society free from interference, threats and intimidation (UPR 135.72), and to review its legislation and practices with the aim of ensuring that all persons and civil society actors, including human rights defenders and journalists, can freely exercise their rights to freedom of expression, association and peaceful assembly, both online and offline (UPR 136.17).

I look forward to listening to the discussions today as to how we can use the human rights framework and tools and contribute to realizing these rights in Jordan as part of a thriving civic space, firmly inscribed into the 2030 Agenda for Sustainable Development where we pursue the goal of promoting peaceful and inclusive societies for sustainable development, thus paving the way for reforms and progress.